Informe definitivo - Informe núm. 275, Noviembre 1990

Caso núm. 1537 (Níger) - Fecha de presentación de la queja:: 14-JUN-90 - Cerrado

1. 80. The World Confederation of Organisations of the Teaching Profession (WCOTP) submitted a complaint of violations of freedom of association against the Government of Niger in a communication dated 14 June 1990. The Government sent its comments and observations on this matter in a communication dated 25 September 1990.
2. 81. Niger has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 82. The WCOTP, on behalf of its affiliated member, the National Teachers' Trade Union of Niger (SNEN), denounces the fact that the Government of this country, on the basis of austerity measures imposed by the World Bank and the International Monetary Fund, took the unilateral decision on 16 May 1990 to freeze salaries for two years (including promotions, etc.) for those working in the public service and the private sector, including teachers. It explains that teachers' salaries are already extremely low and that their working conditions are very difficult. The WCOTP also refers to the fact that the 1976-77 school year was declared "a year without proper schooling" and that schools were closed down; it states that the repercussions this had on the education of a specific age group in this country are still being felt, since less than 20 per cent of children are in full-time education.
2. 83. The WCOTP describes the tragic events that followed. Two months after the advent of the second Republic of Niger in December 1989, the Government gave the order on 9 February 1990 to fire on schoolchildren and students who had organised a peaceful demonstration to protest against their studying and living conditions. According to official figures, this left three dead and many wounded. Furthermore, both secondary and higher education were suspended and on 8 June, at 5 a.m., the police and Republican Guard stormed the University of Niamey, seriously injuring a number of people and arresting 50 persons in the process.
3. 84. The WCOTP goes on to state that on Saturday, 9 June 1990, at around 1 p.m., the premises of the Niger Confederation of Workers' Unions, which house the headquarters of the SNEN, were attacked by the police using tear gas and other means of repression to prevent a trade union meeting of the USTN from being held; this also involved the SNEN, which is one of the main trade unions belonging to the Confederation. Several people were seriously injured and six people arrested, including the Secretary-General of the Confederation. At around 8.30 a.m. on the following day, three of the persons arrested were released but the Secretary-General of the Confederation was not amongst them.
4. 85. The WCOTP explains that the Confederation then called a two-day general strike on 11 June 1990 and adds that there were incidents in Zinder, the second largest town in Niger, where the police stormed the local headquarters of the USTN. Two workers were seriously injured, including a teacher, on the second day of the strike and two other trade union officials were arrested.
5. 86. According to the WCOTP, these events clearly show that the Government of Niger has infringed Convention No. 87 - which it has ratified - as well as the basic provisions of the Charter and the Constitution of the country, adopted in June 1988 and September 1989, respectively. Both of these texts guarantee, amongst other things, the right to demonstrate, the right of assembly, the right to strike and freedom of expression.

B. The Government's reply

1. 87. The Government points out that it has taken good note of the WCOTP's concerns about the occupational situation of teachers in the Niger, regarding teachers' extremely low salaries and difficult working conditions, and about students' studying and working conditions.
2. 88. It stresses that one of its constant concerns is to improve the living conditions of employees in general and of teachers in particular. However, the State cannot concentrate on this matter to the exclusion of all others, some of which are just as important at the national level. For instance, it must continue providing the necessary infrastructure to improve living conditions in rural areas and maintain efforts to satisfy the nutritional needs of people in the country, as well as provide various villages and towns with health, school and water pumping equipment. The State is therefore only able to increase pay within the limits of its financial possibilities and must be fair when distributing available resources.
3. 89. However, the Government claims that it has paid particular attention to teachers, bearing in mind the constraints inherent in their profession, and considers that the pay conditions of teachers in Niger are far from being the worst when compared with those of their colleagues in the subregion. According to the Government, teachers are well-off in comparison with public officials as a whole, as may be seen from the pay scale of teachers and other state employees, from the monthly pay slips and from Decree No. 89-095/PCMS/MEN/MFP/T/FP/MF of 13 April 1989 listing teachers' benefits - all of which are enclosed with the communication.
4. 90. The Government also explains that there was never any question of taking away acquired rights but that a number of adjustments had to be made because of staff transfers, promotions or appointments that had occurred after the last report on the situation of the staff.
5. 91. According to the Government, the improvement of students' studying and living conditions had always been a major concern in the dialogue that the State has constantly tried to maintain with the students. Students' demands were closely examined by political bodies and were met such as the demand for a university restaurant and infrastructure for teaching purposes. On this point, the Government reaffirms its readiness to strive for concerted solutions to all problems involving students, in so far as they are linked to their studying and working conditions. But developments during the past few months, which led to security arrangements being made around the university campus, went beyond this specific field of concern.
6. 92. The Government notes that the WCOTP's communication refers to a number of cases of infringement of human rights and describes the general trade union situation as serious. In this respect, it confirms its attachment to the principles of democracy and respect for human rights which are enshrined in the National Charter and the Constitution of 24 September 1989 and points out that, in strict adherence to these principles, no trade union official is at present being held in Niger.
7. 93. Referring more specifically to the events of 9 February 1990, the Government denies that it gave the order to fire on the students. It was an unfortunate error that, moreover, the Government has deplored on more than one occasion. Anxious to maintain law and order, the authorities surrounded the area where the demonstrations were taking place in order to avoid the spreading of any acts of vandalism by students or persons likely to cause trouble during the demonstration. These fears proved justified because in a number of areas throughout the country, undisciplined factions profited from these school demonstrations and looted and destroyed equipment belonging to the State, individuals and students themselves. The Government states that a judicial inquiry is under way and believes that the procedure should follow its normal course. Interference by the Executive is out of the question as the emotions raised by the events would only be prejudicial to justice.
8. 94. Furthermore, the Government hopes that the Committee on Freedom of Association will take account of the background against which the various trade union demonstrations took place - demonstrations in which the students participated. Many developing countries are in an extremely critical situation and Niger is no exception to the rule. In the nation's highest interest, the Government has taken a number of measures to safeguard and give a boost to the economy. These adjustment measures are primarily of a budgetary nature; in other words, promotions in the public service are to be frozen for two years, as are recruitment and promotions in offices, public undertakings, state enterprises and semi-public enterprises, in accordance with Circular No. 28 of 20 September 1989.
9. 95. Given the country's present economic situation, the freezing of promotions in the public service is without doubt the least drastic measure that could be applied to workers as a whole. Its only aim is to consolidate the State's ability to continue fulfilling its obligations as an employer. The Government states that it persisted in taking this approach rather than cutting salaries and reducing staff - measures that it tried to avoid from the beginning. It is entirely willing to examine any alternative solution with the trade unions that might avoid even more serious social repercussions; but it is sorry that the trade unions have not taken up its proposal and merely rejected the measure.
10. 96. As regards the above-mentioned circular, the Government points out that the trade unions took action at a time when it was envisaged to lift gradually the restrictions. It explains that it had pointed out on numerous occasions that it wished to draw a distinction between enterprises that were economically viable, which might be dispensed from the provisions in the circular, and those experiencing difficulties that still needed to make adjustments. According to the Government, trade union officials are still involved in all discussions on ways to improve production in economic units.
11. 97. However, the Government regrets that the climate of negotiations is no longer healthy, given that one of the parties to negotiations tries to impose its views and threatens to resort to strike action to have them accepted. Indeed, it explains that it has recently received other demands of a political nature pertaining to the introduction of a multi-party system and the overhauling of the National Charter and the Constitution. In this respect, the Government admits that the public authorities have accepted the principle of overhauling the system with a view to introducing political pluralism in Niger and informs the Committee that a national committee has been set up to decide upon ways to establish this; the USTN is represented in this Committee.
12. 98. However, the Government regrets that trade unions have, more recently, demanded the immediate dismissal of a number of foreigners working in Niger, totally disregarding international agreements on the free movement of individuals. In the Government's opinion, the demonstrations held to put forward these claims indicate that the Confederation is clearly determined to bring all sectors of activity to a standstill; over and above the strike action, these demonstrations seriously infringed the freedom of citizens by setting up barricades on public thoroughfares to block all traffic - including the transport of the sick to hospitals.
13. 99. According to the Government, it made a conciliatory gesture by not sentencing the authors of these actions which are punishable from a penal standpoint. But it reiterates that the aim of these demonstrations was to infringe deliberately the law and to undermine the authority of the State and its established institutions.
14. 100. In concluding, the Government requests the Committee on Freedom of Association to make a fair appraisal of the true nature of the demonstrations, the unfortunate repercussions of which are felt by all the population. It stresses that it awaits a change of attitude on the part of the officials of the trade union Confederation; they must demonstrate a higher sense of responsibility by drawing a distinction between freedom of association that it respects and anarchy that it could not in any event tolerate.

C. The Committee's conclusions

1. 101. The allegations in the present case concern firstly the decision unilaterally taken by the Government - at the request of the World Bank and International Monetary Fund - to freeze salary increases for workers in the public service and the private sector, including teachers, for two years. The allegations also concern: the storming by the police of the premises housing both the Niger Confederation of Workers' Unions (USTN) and the National Teachers' Trade Union of Niger (SNEN) on 9 June 1990 to prevent the holding of a trade union meeting, and the arrest of six persons - including the Secretary-General of the Confederation; the assault on the local headquarters of the Confederation at Zinder on 11 June 1990, during the general solidarity strike called by the workers, and the arrest of two other trade union officials. In addition, the complainant denounces the three deaths and numerous injuries amongst students protesting about their living and studying conditions on 9 February 1990.
2. 102. The Government explains that structural adjustments were necessary in view of all the vital development requirements at the national level. For example, it had to create the necessary infrastructure to improve living conditions in rural areas, to satisfy the population's nutritional needs and to provide health, school and water pumping equipment in various villages. It does not deny that it had to make a number of adjustments because of staff transfers, promotions or appointments, but disputes the validity of the allegation that it tried to do away with acquired rights. In any case, the Government expresses its willingness to engage in dialogue.
3. 103. Firstly, the Committee notes that the Government acknowledges having been obliged to freeze staff promotions in the public service for two years and to freeze recruitment and promotions in offices, public undertakings, state enterprises and semi-public enterprises, and that the Government also states that it preferred to take these measures rather than cutting wages and laying off staff. It recalls that if, as part of its stabilisation policy, a government considers that conditions of employment cannot be settled freely through collective bargaining, such a restriction should be imposed as an exceptional measure and only to the extent that is necessary, without exceeding a reasonable period, and it should be accompanied by adequate safeguards to protect workers' living standards. The Committee would also stress that a structural adjustment policy should not be detrimental to the principles of freedom of association and collective bargaining.
4. 104. In the present case, the Committee notes the Government's statement that it is gradually lifting restrictions on economically viable enterprises and companies and the fact that, according to the Government, trade union officials are still involved in all discussions on measures to bring about economic recovery.
5. 105. None the less, the Committee notes with concern that the Government has not replied to the complainant's allegations concerning the storming of the Confederation's premises to prevent a trade union meeting from being held and that it merely explained that a climate of negotiations is no longer healthy when a party tries to impose its views and threatens to resort to strike action to have them accepted.
6. 106. Concerning the allegation relating to the assault on the headquarters of the Confederation to prevent a trade union meeting from taking place, the Committee, whilst regretting that the Government did not reply to this allegation, points out that the authorities should refrain from any interference which might restrict freedom of assembly or impede the lawful exercise thereof. In this connection it recalls the principle of the inviolability of trade union premises in cases where no judicial warrant has been issued. As regards the arrest of trade unionists during this attack, the Committee takes note of the fact that no unionist is currently being detained.
7. 107. As regards the workers' strike, the Committee recalls that it has always recognised that the right to strike by workers and their organisations is a legitimate means of defending their economic and social interests (see Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 362). It has also insisted upon the fact that the occupational and economic interests which workers defend through the exercise of the right to strike do not only concern better working conditions or collective claims of an occupational nature, but also the seeking of solutions to economic and social policy questions and problems facing the undertaking which are of direct concern to the workers (Digest, para. 368).
8. 108. As regards the events of 9 February - which, according to the complainant, caused the death of three persons and numerous injuries amongst the students - the Committee notes the Government's admission that this was an unfortunate error which it deplored. It also notes that a judicial inquiry is under way. It expresses the hope that this inquiry will fully ascertain the facts determine responsibilities, punish those responsible and above all prevent the repetition of such actions (Digest, para. 78).

The Committee's recommendations

1. 109. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee notes the Government's statement that it is attached to the principles of democracy, as well as its positive intentions.
   • (b) As regards the two-year freeze on salaries in the public and private sectors, the Committee recalls that such measures are only acceptable in circumstances corresponding to the criteria set out above.
   • (c) Concerning the allegation relating to the assault on the Confederation headquarters to prevent a trade union meeting from being held, the Committee points out that the public authorities should refrain from any interference which might restrict the right of assembly and impede the lawful exercise thereof, and recalls the principle of the inviolability of trade union premises without a judicial warrant.
   • (d) Concerning the two-day general strike called by the workers, the Committee recalls that it has always recognised the right to strike by workers and their organisations to be a legitimate means of defending their economic and social interests. It also points out that this right not only concerns obtaining better working conditions or collective claims of an occupational nature, but also the seeking of solutions to economic and social policy questions and problems facing undertakings which are of direct concern to the workers.
   • (e) Concerning the deaths that occurred and persons injured on 9 February 1990, the Commmittee trusts that the judicial inquiry that has been started will allow the facts to be fully ascertained, the responsibilities determined, those responsible punished and that the repetition of such actions will be thus prevented.